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B-198433 1 (1980-07-28)

handle is hein.gao/gaobadile0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION KfJ . OF THE UNITED STATES WASHINGTON., C C 20548 FILE: B-198433 DATE: July 28, 1980 MATTER OF: American Farm Lines, Inc. DIGEST: 1. In determining whether 30 caliber rifles are guns, thus exempt from applicability of rates in carrier's Freight, all kinds, tender, proper classification of article under individual descriptive items in National Motor Freight Classification, for class rating purposes, not controlling. 2. Where commodities, generally, in tender are described in technical language identifiable to individual classification items, but one commodity, guns, is not, draftsman intended guns to be interpreted in non-technical sense, as ordinarily used and understood; as ordinarily used and understood, 30 caliber rifles, are guns, therefore exempt from Freight, all kinds tender. 3. Where there is reasonable and permissible construction of term, guns, in carrier's tender, rule of strict construction against carrier cannot be applied. 4. Where article is exempt from applicability of lower Freight, all kinds tender, question of whether tender is governed by Classifica- tion is irrelevant. American Farm Lines (AFL) requests review of settlement action taken by the-General-Services irstatio-n GSA) in relation to 11 shipments of rifles which were transported from Tooele Army Depot, Tooele, Utah, to Rock Island Arsenal, Rock Island, Illinois, in January and February 1978. GSA reports that it caused to be deducted from monies otherwise due AFL, the sum of $1,529, as a result of an audit determina- tion that the carrier had collected overcharges of

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